Now I'm stucked! I need advise please!

[sam808 0]

Ok I came here on a K1 Visa. My visa expired 8 months ago and haven't started applying for a change of status yet. (No money and there's no way I can provide). Now it our marriage is on the edge. We don't think that we can still work it out. Is still possible for me to stay in the US even if we get divorced? And I want to take my 2 month old son with me. The bad thing is he told me that if I take our son I could go to jail by kidnapping which really really breaks my heart. You know how I feel? How much does it cost for me to get an attorney, make me legal to stay in the country and be able to take my baby with me? Thanks for your answers. I am very heartbroken, I'm so crushed and so depressed.

[Anh map 2,098]

You can only adjust status based on your marriage to your husband. If there is documented abuse then it might be possible. Currently you are accruing out of status days (since the expiration of your I-94).

You should speak to a qualified immigration attorney to learn what steps are best for you with regard to staying in the US.

Also, speak with a family law attorney sbout child custody. Do not try to find someone that claims to do both. It is 2 different legal worlds.

[happywifeymom 4]

Ok I came here on a K1 Visa. My visa expired 8 months ago and haven't started applying for a change of status yet. (No money and there's no way I can provide). Now it our marriage is on the edge. We don't think that we can still work it out. Is still possible for me to stay in the US even if we get divorced? And I want to take my 2 month old son with me. The bad thing is he told me that if I take our son I could go to jail by kidnapping which really really breaks my heart. You know how I feel? How much does it cost for me to get an attorney, make me legal to stay in the country and be able to take my baby with me? Thanks for your answers. I am very heartbroken, I'm so crushed and so depressed.

Sorry to hear that. Once your I-94 expired and you have not filed for an adjustment of status that means you are out of status here now..That means you are illegal alien here even you married your fiance. I know you need to get a good immigration and family lawyer. It is not a joke to hire a lawyer here.Most lawyers will charge you $300 for the first consultation alone. Hope God will guide you in this tough times of your life.

[sam808 0]

Ok I came here on a K1 Visa. My visa expired 8 months ago and haven't started applying for a change of status yet. (No money and there's no way I can provide). Now it our marriage is on the edge. We don't think that we can still work it out. Is still possible for me to stay in the US even if we get divorced? And I want to take my 2 month old son with me. The bad thing is he told me that if I take our son I could go to jail by kidnapping which really really breaks my heart. You know how I feel? How much does it cost for me to get an attorney, make me legal to stay in the country and be able to take my baby with me? Thanks for your answers. I am very heartbroken, I'm so crushed and so depressed.

Sorry to hear that. Once your I-94 expired and you have not filed for an adjustment of status that means you are out of status here now..That means you are illegal alien here even you married your fiance. I know you need to get a good immigration and family lawyer. It is not a joke to hire a lawyer here.Most lawyers will charge you $300 for the first consultation alone. Hope God will guide you in this tough times of your life.

Thank you so much. I don't know what I can do. I don't care about leaving the country but I just want to leave with my son. It breaks my heart to imagine that I would go without him.

[happywifeymom 4]

Ok I came here on a K1 Visa. My visa expired 8 months ago and haven't started applying for a change of status yet. (No money and there's no way I can provide). Now it our marriage is on the edge. We don't think that we can still work it out. Is still possible for me to stay in the US even if we get divorced? And I want to take my 2 month old son with me. The bad thing is he told me that if I take our son I could go to jail by kidnapping which really really breaks my heart. You know how I feel? How much does it cost for me to get an attorney, make me legal to stay in the country and be able to take my baby with me? Thanks for your answers. I am very heartbroken, I'm so crushed and so depressed.

Sorry to hear that. Once your I-94 expired and you have not filed for an adjustment of status that means you are out of status here now..That means you are illegal alien here even you married your fiance. I know you need to get a good immigration and family lawyer. It is not a joke to hire a lawyer here.Most lawyers will charge you $300 for the first consultation alone. Hope God will guide you in this tough times of your life.

Thank you so much. I don't know what I can do. I don't care about leaving the country but I just want to leave with my son. It breaks my heart to imagine that I would go without him.

You're welcome. Pls. Know that marriage is not all a bed of roses. Try to do more effort to save the relationship if its worth saving for. I do understand you as i have 3 kids .I am not sure if you are allowed to bring your child to the Phils.Pray and God will make a way.

Edited November 23, 2009 by happywifeymom

[sam808 0]

Ok I came here on a K1 Visa. My visa expired 8 months ago and haven't started applying for a change of status yet. (No money and there's no way I can provide). Now it our marriage is on the edge. We don't think that we can still work it out. Is still possible for me to stay in the US even if we get divorced? And I want to take my 2 month old son with me. The bad thing is he told me that if I take our son I could go to jail by kidnapping which really really breaks my heart. You know how I feel? How much does it cost for me to get an attorney, make me legal to stay in the country and be able to take my baby with me? Thanks for your answers. I am very heartbroken, I'm so crushed and so depressed.

Sorry to hear that. Once your I-94 expired and you have not filed for an adjustment of status that means you are out of status here now..That means you are illegal alien here even you married your fiance. I know you need to get a good immigration and family lawyer. It is not a joke to hire a lawyer here.Most lawyers will charge you $300 for the first consultation alone. Hope God will guide you in this tough times of your life.

Thank you so much. I don't know what I can do. I don't care about leaving the country but I just want to leave with my son. It breaks my heart to imagine that I would go without him.

You're welcome. Pls. Know that marriage is not all a bed of roses. Try to do more effort to save the relationship if its worth saving for. I do understand you as i have 3 kids .I am not sure if you are allowed to bring your child to the Phils.Pray and God will make a way.

I don't even know if it is worth saving for anymore. If we have to save it that means that I will have to agree with everything that he says and do everything that he says which is very hard for me to do. If I do that, I feel like I am dumb or something. I am not really sure whether who is right or wrong between me and him. He is very commanding and in the house he wants to be the ruler and I will be the follower which is how it should be but there are other things to consider. I don't know what my role is anymore. I don't know what to do.

[Minya's wife 25]

Ok I came here on a K1 Visa. My visa expired 8 months ago and haven't started applying for a change of status yet. (No money and there's no way I can provide). Now it our marriage is on the edge. We don't think that we can still work it out. Is still possible for me to stay in the US even if we get divorced? And I want to take my 2 month old son with me. The bad thing is he told me that if I take our son I could go to jail by kidnapping which really really breaks my heart. You know how I feel? How much does it cost for me to get an attorney, make me legal to stay in the country and be able to take my baby with me? Thanks for your answers. I am very heartbroken, I'm so crushed and so depressed.

Sorry to hear that. Once your I-94 expired and you have not filed for an adjustment of status that means you are out of status here now..That means you are illegal alien here even you married your fiance. I know you need to get a good immigration and family lawyer. It is not a joke to hire a lawyer here.Most lawyers will charge you $300 for the first consultation alone. Hope God will guide you in this tough times of your life.

Thank you so much. I don't know what I can do. I don't care about leaving the country but I just want to leave with my son. It breaks my heart to imagine that I would go without him.

You're welcome. Pls. Know that marriage is not all a bed of roses. Try to do more effort to save the relationship if its worth saving for. I do understand you as i have 3 kids .I am not sure if you are allowed to bring your child to the Phils.Pray and God will make a way.

Whether the child stays with the mother or the father is determined by a family court, which is independent of immigration court.

Sam, unfortunately as you have not adjusted status to that of a legal permanent resident, your position is rather precarious as far as immigration is concerned. The rule of the K-1 visa is that the beneficiary can only adjust status through marriage to the petitioner. Divorce nullifies the petition and nullifies the K-1 visa holders eligibility to adjust status.

As far as custody of your child, that would be decided in family court....totally independent of immigration law. In the event of a divorce, it would be a family court judge that would make decisions regarding the custody of your baby.

You should consult legal counsel to gauge your options in regards to divorce and child custody issues. If finances are a difficulty, perhaps you can appeal to the catholic charities in your area. They may be able to assist you with finding suitable pro-bono legal cousel to assist you.

[sam808 0]

Ok I came here on a K1 Visa. My visa expired 8 months ago and haven't started applying for a change of status yet. (No money and there's no way I can provide). Now it our marriage is on the edge. We don't think that we can still work it out. Is still possible for me to stay in the US even if we get divorced? And I want to take my 2 month old son with me. The bad thing is he told me that if I take our son I could go to jail by kidnapping which really really breaks my heart. You know how I feel? How much does it cost for me to get an attorney, make me legal to stay in the country and be able to take my baby with me? Thanks for your answers. I am very heartbroken, I'm so crushed and so depressed.

Sorry to hear that. Once your I-94 expired and you have not filed for an adjustment of status that means you are out of status here now..That means you are illegal alien here even you married your fiance. I know you need to get a good immigration and family lawyer. It is not a joke to hire a lawyer here.Most lawyers will charge you $300 for the first consultation alone. Hope God will guide you in this tough times of your life.

Thank you so much. I don't know what I can do. I don't care about leaving the country but I just want to leave with my son. It breaks my heart to imagine that I would go without him.

You're welcome. Pls. Know that marriage is not all a bed of roses. Try to do more effort to save the relationship if its worth saving for. I do understand you as i have 3 kids .I am not sure if you are allowed to bring your child to the Phils.Pray and God will make a way.

Whether the child stays with the mother or the father is determined by a family court, which is independent of immigration court.

Sam, unfortunately as you have not adjusted status to that of a legal permanent resident, your position is rather precarious as far as immigration is concerned. The rule of the K-1 visa is that the beneficiary can only adjust status through marriage to the petitioner. Divorce nullifies the petition and nullifies the K-1 visa holders eligibility to adjust status.

As far as custody of your child, that would be decided in family court....totally independent of immigration law. In the event of a divorce, it would be a family court judge that would make decisions regarding the custody of your baby.

You should consult legal counsel to gauge your options in regards to divorce and child custody issues. If finances are a difficulty, perhaps you can appeal to the catholic charities in your area. They may be able to assist you with finding suitable pro-bono legal cousel to assist you.

Thanks for the advise and info Minya's Wife.

[Old Dominion 26]

You'll find a good deal of help if you contact your nearest Catholic Charities office. They have immigration specialists on staff and don't worry about the fee. You probably need to sit down and talk with someone who can offer the right advice. You don't need to be Catholic to be served by CC.

[Mike's Lucy 14]

why don't both of you go to a couple counseling? Does he still love you? If he does then maybe it's still worth a try.